429.605. Broker's lien for compensation for services, requirements. - Missouri Statutes

Broker's lien for compensation for services, requirements.

429.605. 1. Any real estate broker who is not acting as areal estate salesperson for another real estate broker shall havea lien on commercial real estate or an interest in suchcommercial real estate in the amount of the compensation asagreed upon by the real estate broker and the real estatebroker's client or customer, if:

(1) Such real estate is listed with the real estate brokerunder terms of a written agreement for the purpose of selling,leasing or otherwise conveying any interest in the commercialreal estate and evidenced by a written agreement signed by theowner or the owner's agent; and

(2) The real estate broker and the real estate salespersonsretained by the real estate broker have provided licensedservices that resulted in the procuring of a person or entityready, willing and able to purchase, lease or otherwise accept aconveyance of the commercial real estate or any interest in thecommercial real estate as provided for in the terms of thewritten agreement signed by the owner or owner's agent or otherterms which were otherwise acceptable to the owner or owner'sagent as evidenced by a written agreement signed by the owner orthe owner's agent.

2. A real estate broker shall, also, have a lien on suchcommercial real estate or an interest in such commercial realestate if the real estate broker has a written agreement with aprospective buyer to represent the buyer to the purchase or otherconveyance to the buyer of commercial real estate when the realestate broker becomes entitled to compensation pursuant to thewritten agreement.

(L. 1993 S.B. 18 § 2)

(1998) Legislative intent, gleaned from the use of the phrase "other conveyances", indicates that the statute authorizes a real estate broker's lien on commercial real estate as a result of the broker's entitlement to compensation for procurement of a lease pursuant to a written agreement between the broker and the buyer. Incentive Realty, Inc. v. Hawatmeh, 983 S.W.2d 156 (E.D.Mo.).